Garza v. Adams et al
Filing
43
REPORT AND RECOMMENDATION that plaintiff's 41 Motion to Strike the Court's 7/16/2012 Order dismissing the case be Denied. Objections to R&R due by 2/11/2013. Signed by Magistrate Judge Karen L. Litkovitz on 1/24/2013. (art)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
ISRAEL GARZA,
Plaintiff,
Case No. 1: 11-cv-541
Dlott, J.
Litkovitz, M.J.
vs.
DENNIS ADAMS, et al.,
Defendants.
REPORT AND
RECOMMENDATION
This matter is before the Court on plaintiff Israel Garza's motion to strike the Court's Order
dated July 16, 2012, dismissing this case. (Doc. 41). Plaintiff, proceeding prose, filed the
original complaint in this action on August 10, 2011. (Doc. 1). Defendant Joshua Matthews
filed a motion to dismiss the complaint against him on February 14, 2012. (Doc. 29). The Court
granted the motion by Order dated July 16,2012, and dismissed the case in its entirety. (Doc. 39).
Plaintiff filed his motion to strike the Court's Order on July 20, 2012. Plaintiffs motion consists
of incoherent ramblings and does not set forth a valid reason for the Court to vacate its Order.
IT IS THEREFORE RECOMMENDED THAT:
Plaintiffs motion to strike the Court's July 16,2012 Order dismissing the case (Doc. 41) be
DENIED.
Date:
;j& YP3
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United States Magistrate Judge
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Case No. 1:11-cv-541
Dlott, J.
Litkovitz, M.J.
ISRAEL GARZA,
Plaintiff,
vs.
DENNIS ADAMS, et al.,
Defendants.
NOTICE
Pursuant to Fed. R. Civ. P. 72(b), WITHIN 14 DAYS after being served with a copy of the
recommended disposition, a party may serve and file specific written objections to the proposed
findings and recommendations.
This period may be extended further by the Court on timely
motion for an extension. Such objections shall specify the portions of the Report objected to and
shall be accompanied by a memorandum oflaw in support of the objections. If the Report and
Recommendation is based in whole or in part upon matters occurring on the record at an oral
hearing, the objecting party shall promptly arrange for the transcription of the record, or such
portions of it as all parties may agree upon, or the Magistrate Judge deems sufficient, unless the
assigned District Judge otherwise directs. A party may respond to another party's objections
WITHIN 14 DAYS after being served with a copy thereof. Failure to make objections in
accordance with this procedure may forfeit rights on appeal. See Thomas v. Arn, 474 U.S. 140
(1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).
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